Notice to Terminate

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Tenants can use a Notice to Terminate to end their lease for the following reasons:

  • The landlord/agent has failed to carry out repairs (that are not the fault of the tenant) within the time prescribed under the Act or Lease. (It is best to have proof that you notified them of the need for repair)
  • The landlord/agent has breached provisions of the Residential Tenancy Act or the Lease
  • If the Lease is for a non-fixed period (has NO end date) and the tenant wishes to end the Lease.

Tenants must give 14 clear days notice (except for boarding premises where it is 2 clear days). During this time rent is still due.

In the case of repairs, if a landlord/agent fixes the problem during the notice period, the tenant may still terminate the agreement at the end of the notice period.

In all other breaches, if the landlord/agent fixes the problem within the notice period, then the Notice to Terminate is of no effect and the lease continues.

A Notice to Terminate must include the:

  • Date of service of the Notice
  • Landlord/Agent name
  • Tenant/s name
  • Premises to which the Notice applies
  • Reason/s for the Notice
  • Date that the Notice takes effect

All 6 of these are on our Notice to Terminate pro-forma